ing a legitimate need to know, and not conveyed maliciously. In both giving and receiving, always avoid issues of personality and never be led into discussing an employee’s “attitude.” Ignore, or decline to answer, questions that require an opinion in response. Never provide a reference “off the top of your head,“ but always have a factual basis available on paper. And never volunteer information beyond what’s requested. Be aware that what you provide may not remain confidential. Some individuals who handle hiring will sometimes tell an applicant that he or she isn’t being offered employment because a particular past employer said something negative in a reference check.
Although some businesses will always try to get more information about prospective hires than they’re willing to give, many eventually discover that it’s necessary to give to be able to receive.
For any employee who terminates, there will likely be reference requests arriving at some future time. It can be helpful to have terminating employees sign a statement allowing you to provide reference information. This isn’t essential, but it’s extra insurance. Everything that’s been said about reference information calls for facts, not opinions; however, there is one way in which a thoughtful opinion can find its way into a reference. It can enter through a well-prepared performance evaluation that’s been discussed with and signed by the employee, as long the opinion addresses a subject that’s pertinent to job performance. Ideally, the person who gives out reference information should be someone who had little or no regular contact with the employee. A relative stranger, working from the official March/April 2007
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record (personnel file) only, is not likely to offer opinions or subjective assessments. And nothing that doesn’t appear in the official record should ever be used in a reference. Pertinent to both sides of reference checking is the use of the classic question: Would you re-hire this person? This question is something of a trap; a yes or no response is inadequate without qualification. As a matter of policy, some companies never re-hire a former employee, so it becomes a non-issue. Even if policy does allow re-hire, an uncomplicated yes or no is usually not fair to all concerned. “No” closes doors, but perhaps the person would do well in a different job. Although some businesses will always try to get more information about prospective hires than they’re willing to give, many eventually discover that it’s necessary to give to be able to receive. Nothing in this brief treatment should be considered legal advice. If in
doubt concerning any particular reference situation, you should consult legal counsel. Even honest references can sometimes be a source of trouble, but in the long run, verifiable, factual information in references is far less hazardous than opinions, personality judgments, or deliberately concealed problems. And, it’s also less hazardous than saying nothing at all.
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